Omaha daily bee., 1887-05-07
A NEW HEARING ORDERED.
The Homestead Contest Case Of Kelly vs.,
Grameng to Be Reopened
A VERY IMPORTANT DECISION.
The New Civil Service Rules Directed
Against the Old Veterans
General Sheridan on Rosser
Capital News.
An Elaborate Opt nion by Lamar.

10 tuc DEF.I-OecTetary ballaT tO-uay TeH-
dered decision in the homestead contest
case of John Kelly vs. Fred Grameng, of the
Valentine land district, which involves a
principle and determines a question of great
Importance to all settlers on the public do
main and all readers of the BEE. The case
arose on an appeal taken by Grameng to the
commissioner of the general land Office De-
ccmber Is, 1885, and the decision of Secretary
Lamar comes in the form of communica-
ton to the commissioner, and is as follows:
ut appears that the appellant on .Septem-
Der s. 1885, made homestead entry No 2,096
on the southwest quarter of section 13, town.
ship 32, range 40, Valentine, Neb.; that on
the 10th of April, 1885, Kelly initiated con-
test against said entry, charging abandon
ment; that a hearing was ordered the
notice prescribing that testimony be
taken May 20, 1885, before b. 4. Tringle,
United States court commissioner, and re-
quiring appearance at the local Office June3 3,
1885, to respond and furnish testimony con-
cerning the alleged abandonment Testi-
mony was taken before the United States
commissioner on the date first named. No
testimony was offered in behalf of the con-
testee." The record thus made was trans
mitted to the local Office, but action was not
there taken in the case until September 23.
following endorsement beng made in pen
Gil by the receiver on the back of the affidavit
of the contest: ''Dismissed for the reason
that the contestant has furnished no evidence
of posting notice on land. Thirty days time
Is given contestant to appeal" Underneath
is its entry, apparently made in O. different
hand, Parties notified same day" No ap-
peal having been filed. the local office, by
papers to your Office which, upon in Inspection
OF the record, found that there was no
evidence that notice OF contest had been
posted on the land. Your office, however,
proceeded to examine the testimony in the
case, and concluded as a result of said eX-
animation, that the claimant had abandoned
the land an and that his entry should be can
celled. From that decision claimant Is now
here on appeal averring that on the day set
for trial he made a special appearance and
filed motion to dismiss for the reason that
contestant did not submit proof that he com
piled with rule IA of practice in relation to
posting notice upon the tract. He also re-
fers to the fact OF the contestants failure to
appeal from the action of the local Office. l
md among the papers an application made
by the contestant December 10, 1885, under
oath and filed in your Office December 1S,
1855, three days after the decision appealed
6o@ tas he was did eos s eaasa ssng noee Sfa
on the tract about thirty days
prior to the day of hearing. but that he had
neglected to set out that fact in the testi-
mony; also that he had no notice of the dis
these statements he at the time of making
them asked review of the testimony or a
letter, dated January, L 1886, to- the register
and receiver, that as the entry had been by
letter of December Is, 1885, had for cancella-
ton for abandonment, consideration of said
necessary. From the foregoing 1t appears
that the sole question raised by the appeal
under consideration Is that of jurisdiction to
decide the III on It's merits under the
evidence to complete the notice required by
the contestant that he omitted to furnish
evidence OF the posting Of the notice of con-
he. states that he did, as. a matter
of fact, post the notice as required by the
rule. In my Judgment your office erred in
passing upon the testimony taken pursuant
aflirmatiyely that tie local Office erred In
finding that there was no evidence OF the
posting OF the notice of contest upon the
sented, your Office. was without jurisdiction to
decide on the testimony submitted, 1t not ap
pearing from the record that due and com
plete notice had been given. The ex partt
office and your Office and without notice tC
the contestee, to the effect that as a matter
of fact copy, OF the notice of con
test was posted on the land, as re
completing the record so as nowto give juris
dictlon to pass upon the testimony. The Al
legations and facts In the case are Such, how
ever, as in my opinion to warrant compl
hearing be granted. Your Offices decision i
modified accordingly and you will direct tina
anew hearing be ordered, based upon the at
tidayit of contest now on file, after notice a
required BY practice upon the record thu
made The register and receiver will max
their finding subject to appeal as in Othe
cases.
Sheridan and ROsser.
WASHINGTON, May 6-lSpecial Tele
gram to the BEE.l-General Sheridan wa
much amused upon reading the letter of Ger
eral Thomas l.. Rosser, in which the latte
speaks of the proposed trip to the Shenar
doah valley by General Sheridan. Genera
Sheridan said to reporter: "Rosser has no
forgotten the whaling gave him in the va
ley, and i am not surprised that he loses hi
temper when he recalls it. This inciden
was doubly humiliating to Rosser. becaus
he was hailed as the saviour of the valley
his men wearing small laurel twigs In the
hats as an indication of their purpose to clea
us out Some time after this, when Rosst
ngain appeared in that vicinity, / unde
stand the people ladvised him to substitui
the pumpkin vine for the laurel. that plar
being well known for its running qualitie
For these reasons, suppose, General ROsst
continues to feel unkindly toward me. ii
says that nave not otOneu tOr my acts uurln
the war. That Is true. 1t never occurred I
me that was called upon to do so. / war
to add that do not propose 10 make trip
the Shenandoah valley the coming summer
and had not thought of doing SO. visite
the valley last summer in company with Ser
Ator Cameron, of Pennsylvania, and wa
Hospitality received by the people, none
whom exhibited any of the bitterness of fee
Ing that is expressed in General Rosser
letter. understand Rosser Is now living |
the valley rs he intends to become cand
date for congress. His letter was doubles
written for effect upon the coming eau
paigh."
IL Calls For q Protest.
WASHINGTON, May 6-[Special Telegral
to the EE.l-The announcement in Il
city papers Of to-day that the civil servi'
commission has adopted rules whereby tho
who are In the departments of the seryi,
where the civil service law is in force were
be subjected to an examination in cases
promotions created intense excitement in d
partment circles and among the friends
those now possessing positions therein.
the new regulations are correctly given
the press they amount TO direct nulliicatiC
Of the law as enacted by congress. twill